In a quite frankly ludicrous decision by the County Court we have learnt that it is possible to have one’s cake and be allowed to munch it too.
In a case that did not have our involvement, a consumer successfully sued a car dealer for having sold a defective car. The amount awarded was the full value of the car. However, the trader delayed payment expecting to have the car given back to him. After all, the customer had succeeded in legally rejecting it under the Sale of Goods Act.
However, because the Judge had not put in the Order that the car was to be returned, the only requirement was that the trader had to pay out for the full value of the purchase price and thus not be in a position to “make good” the vehicle and resell it.
As a result ensure that when defending similar cases conclude by stating that if the defence is ultimately unsuccessful that the compensatory award is only to be given on the condition that the vehicle is returned. Draw this to the attention of the Judge in such cases to ensure it is written into the Judgment.
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